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Sunday, November 24, 2024

Five areas of employment law (at least) may be affected by Trump's second act. - JD Supra

The times, they are a'changin'.

Wasn't it nice of me to give you a week and a half off to recover from the election?

I hope everyone is safe and strong again, and ready to talk about what employers can expect from President Trump's second term. Here's a bipartisan summary of what we expect to see.

Labor law. I predict that Jennifer Abruzzo, General Counsel of the National Labor Relations Board, will be fired if she doesn’t quit first. (President Biden fired the Trump-appointed Board GC within days of taking office.) GC Abruzzo has taken very aggressive positions adverse to employers during her tenure, so her expected departure would not make me cry. President Trump can name a new Chairman of the NLRB. The only Republican on the Board now is Marvin Kaplan, who was first appointed during President Trump's first term. I'm gonna go out on a limb and predict that the new Chairman of the Board (get it?) will be Member Kaplan.

The President can't get new NLRB members confirmed by the Senate until the current members’ terms expire, but there is currently one vacant Republican seat, so he may be able to get that position filled right away. (Unless President Biden beats him to it.) The term of the current Chairman, Democrat Lauren McFerran, will expire next month, giving President Trump another vacancy. The terms of the other Democratic members will not expire until 2026 and 2028.

With a new GC, at least the "vision" for the Board should become more even-handed right away. This...



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